Address of President Roosevelt at St. Louis, Missouri, October 2, 1907Roosevelt, Theodore
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Address of President Roosevelt at St. Louis, Missouri, October 2, 1907
Roosevelt, Theodore
Speeches, addresses, etc.; United States -- Politics and government -- 1901-1909
In conclusion I wish to say a word to this body, containing as it
does so many business men, upon what is preeminently a business
proposition, and that is the proper national supervision and control of
corporations. At the meeting of the American Bar Association in this
last August, Judge Charles F. Amidon, of North Dakota, read a paper on
the Nation and the Constitution so admirable that it is deserving of
very wide study; for what he said was, as all studies of law in its
highest form ought to be, a contribution to constructive jurisprudence
as it should be understood not only by judges but by legislators, not
only by those who interpret and decide the law, but by those who make
it and who administer or execute it. He quoted from the late Justice
Miller, of the Supreme Court, to show that even in the interpretation
of the Constitution by this, the highest authority of the land, the
court’s successive decisions must be tested by the way they work in
actual application to the National life; the court adding to its
thought and study the results of experience and observation until the
true solution is evolved by a process both of inclusion and exclusion.
Said Justice Miller: “The meaning of the Constitution is to be sought
as much in the National life as in the dictionary;” for, as has been
well said, government purely out of a law library can never be really
good government.
Now that the questions of government are becoming so largely economic,
the majority of our so-called constitutional cases really turn not
upon the interpretation of the instrument itself, but upon the
construction, the right apprehension of the living conditions to which
it is to be applied. The Constitution is now and must remain what it
always has been; but it can only be interpreted as the interests of
the whole people demand, if interpreted as a living organism, designed
to meet the conditions of life and not of death; in other words, if
interpreted as Marshall interpreted it, as Wilson declared it should be
interpreted. The Marshall theory, the theory of life and not of death,
allows to the Nation, that is to the people as a whole, when once it
finds a subject within the national cognizance, the widest and freest
choice of methods for national control, and sustains every exercise of
national power which has any reasonable relation to national objects.
The negation of this theory means, for instance, that the Nation――that
we, the ninety millions of people of this country――will be left
helpless to control the huge corporations which now domineer in our
industrial life, and that they will have the authority of the courts to
work their desires unchecked; and such a decision would in the end be
as disastrous for them as for us. If the theory of the Marshall school
prevails, then an immense field of national power, now unused, will be
developed, which will be adequate for dealing with many, if not all,
of the economic problems which vex us; and we shall be saved from the
Public-domain text, read in full here on John Shaqi.
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